One month is insufficient dog guarantee

WHITE

March 29, 2004|By Bill White Of The Morning Call

I've been bombarded with stories about people's experiences -- mostly bad -- with Derbe "Skip" Eckhart and his Almost Heaven dog kennel in Emmaus. I hear new stories every time I write about the place.

I won't attempt to recount these sad tales because I've said it all before. I won't even go into my usual lecture about doing careful research before you buy a dog from some establishment. And I've already reported on what a terrible idea it is to buy your puppy from a pet shop, and on the farm region puppy mills that churn out dogs under gruesome conditions and supply many of the pet stores.

Several callers asked me for advice about whether they have recourse under Pennsylvania's Puppy Lemon Law. If you want to check on your rights -- preferably before you go out and buy a dog -- go to this Web site: http://www.attorneygeneral.gov/pei/dog/index.cfm. You'll find links there to all the information you'll need.

If you weren't provided with a copy of the law, if one wasn't prominently displayed in the place where you bought your dog and especially if you were misled about your rights, you should consider filing a complaint with the state Bureau of Consumer Protection. You can do that online at http://www.attorneygeneral.gov/ppd/bcp/compform/cmplnt.cfm, or call the local office at 610-821-6690.

My final comment relates to that law. If, within 30 days of purchase, a licensed veterinarian determines that your dog has a congenital or hereditary defect that adversely affects the animal's health, or that your dog died from a congenital or hereditary defect, you have the options of returning your dog for a refund, exchanging it for a replacement dog, or -- the most likely course for dog lovers -- being reimbursed for reasonable veterinary fees, not exceeding the purchase price.

The problem with that provision is that 30 days is not nearly long enough for many congenital/hereditary defects to turn up. I heard from readers whose experiences demonstrate this, including Gail Stofko, who told me, "We purchased a 10-week-old Irish Setter from [a breeder] in Fredericksburg, Pa., on July 4, 2003. Around October, we discovered that our dog was falling quite a bit, and almost had a bunny hop-type gait. On Thanksgiving, when our grandchildren were visiting, and after playing outside with them, she came into the house and lay down (abnormal for a puppy). When she tried to get up from the floor, she found out she couldn't, and cried while trying.

"The results of hip X-rays show that she has severe hip dysplasia (her ball and sockets are not connected). Our vet also said that hip dysplasia doesn't really show up until puppies are between 7 and 8 months old. What our puppy will require is a double hip replacement to correct the problem."

She called the breeder, advised her of the dog's condition and suggested she stop breeding the dogs who produced her puppy.

"We do not want to see anyone else go through this," Stofko wrote. "Do you know what it is to see a puppy who can't sit up straight, who falls, and can't turn properly? It makes you cry watching her. We will not put her to sleep, and will have her hips operated on, and you can imagine the cost to do this."

Heck, even Skip Eckhart agrees a month's guarantee against hereditary defects is inadequate. I reported that his puppy contract shortchanges consumers in many areas, but in this respect, it improves on state law by giving buyers a year's guarantee. The state Legislature should amend the Lemon Law to extend that basic protection to all dog buyers in Pennsylvania.